This article is from the source 'guardian' and was first published or seen on . The next check for changes will be

You can find the current article at its original source at https://www.theguardian.com/us-news/2025/apr/04/republican-proposal-exempt-pfas

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
New House Republican proposal seeks to exempt many toxic Pfas from review New House Republican proposal seeks to exempt many toxic Pfas from review
(about 1 hour later)
Two lawmakers introduced a resolution to repeal a 2024 Biden rule that closed a ‘low volume exemption’ loopholeTwo lawmakers introduced a resolution to repeal a 2024 Biden rule that closed a ‘low volume exemption’ loophole
A new Republican plan would exempt many new toxic Pfas or “forever chemicals” from health and safety review, a move criticized by opponents because it would allow the dangerous man-made substances to be used and sold with little effective scrutiny.A new Republican plan would exempt many new toxic Pfas or “forever chemicals” from health and safety review, a move criticized by opponents because it would allow the dangerous man-made substances to be used and sold with little effective scrutiny.
Two House Republican lawmakers introduced a resolution under the Congressional Review Act that would repeal a 2024 Biden rule that closed the “low volume exemption” loophole for Pfas. The loophole allowed Pfas and chemicals produced in small enough quantities to be sent to the marketplace with virtually no review from federal regulators. Two House Republican lawmakers introduced a resolution under the Congressional Review Act that would repeal a 2024 Joe Biden rule that closed the “low volume exemption” loophole for Pfas. The loophole allowed Pfas and chemicals produced in small enough quantities to be sent to the marketplace with virtually no review from federal regulators.
But Pfas are so highly toxic that even small amounts are considered dangerous, said Michael Youhana, an attorney with the Earthjustice non-profit that has litigated over the loophole.But Pfas are so highly toxic that even small amounts are considered dangerous, said Michael Youhana, an attorney with the Earthjustice non-profit that has litigated over the loophole.
Pfas are a class of about 15,000 chemicals typically used to make products that resist water, stains and heat. They are called “forever chemicals” because they do not naturally break down. They can accumulate in humans and the environment, and are linked to cancer, kidney disease, liver problems, immune disorders, birth defects and other serious health problems.Pfas are a class of about 15,000 chemicals typically used to make products that resist water, stains and heat. They are called “forever chemicals” because they do not naturally break down. They can accumulate in humans and the environment, and are linked to cancer, kidney disease, liver problems, immune disorders, birth defects and other serious health problems.
Environmental Protection Agency safety data sheets for Pfas that were approved under the exemption included one that’s “lethal if inhaled” and “corrosive to the skin”. Several present a “severe health hazard”. Brief contact with those chemicals may cause “irreversible injury”, while “life-threatening, permanent, or major injury” can arise from “a single or repeated exposure”.Environmental Protection Agency safety data sheets for Pfas that were approved under the exemption included one that’s “lethal if inhaled” and “corrosive to the skin”. Several present a “severe health hazard”. Brief contact with those chemicals may cause “irreversible injury”, while “life-threatening, permanent, or major injury” can arise from “a single or repeated exposure”.
The attempt to reopen the loophole and approve these chemicals with little oversight is “insane”, Youhana said.The attempt to reopen the loophole and approve these chemicals with little oversight is “insane”, Youhana said.
“Even small releases or small bits of exposure to Pfas can cause devastating effects to the environment and human beings, and that’s why this doesn’t make sense,” he added.“Even small releases or small bits of exposure to Pfas can cause devastating effects to the environment and human beings, and that’s why this doesn’t make sense,” he added.
The exemption had been in place for decades and allowed Pfas and other chemicals to be sent to market in fewer than 30 days with little scrutiny if less than 22,000lbsof a chemical was produced annually, which would not present an “unreasonable risk” to workers, the public or environment. Chemicals that meet the definition’s threshold of “unreasonable risk’ require full regulation.The exemption had been in place for decades and allowed Pfas and other chemicals to be sent to market in fewer than 30 days with little scrutiny if less than 22,000lbsof a chemical was produced annually, which would not present an “unreasonable risk” to workers, the public or environment. Chemicals that meet the definition’s threshold of “unreasonable risk’ require full regulation.
The exemption became a preferred route for industry to push highly toxic chemicals through with virtually no regulation – over 600 were approved this way between 1985 and 2020, and more often during the first Trump administration. An attorney from Keller and Heckman, an industry law firm, wrote in a 2011 blog post that the low volume exemption essentially provided a regulatory bypass.The exemption became a preferred route for industry to push highly toxic chemicals through with virtually no regulation – over 600 were approved this way between 1985 and 2020, and more often during the first Trump administration. An attorney from Keller and Heckman, an industry law firm, wrote in a 2011 blog post that the low volume exemption essentially provided a regulatory bypass.
“It is an attractive option for high-toxicity substances,” the attorney wrote.“It is an attractive option for high-toxicity substances,” the attorney wrote.
The Biden EPA informally closed the loophole early in the administration, stating that Pfas are “too complex to approve” under the exemption, so there was a dramatic fall off in applications. Only eight were submitted in recent years and those were rejected.The Biden EPA informally closed the loophole early in the administration, stating that Pfas are “too complex to approve” under the exemption, so there was a dramatic fall off in applications. Only eight were submitted in recent years and those were rejected.
Even so, the Biden EPA fast tracked Pfas via other channels for the semiconductor industry. Even so, the Biden EPA fast-tracked Pfas via other channels for the semiconductor industry.
Still, chemical makers want the loophole reopened. If a majority of Congress approves the resolution to repeal the Biden action proposed by Clay Higgins, who represents a district in Louisiana that’s home to many of the nation’s chemical producers, then chemical Pfas will again be approved with almost no oversight. Still, chemical-makers want the loophole reopened. If a majority of Congress approves the resolution to repeal the Biden action proposed by Clay Higgins, who represents a district in Louisiana that’s home to many of the nation’s chemical producers, then chemical Pfas will again be approved with almost no oversight.